Jackson et al v. State of California et al

Filing 67

ORDER Discharging 46 Order to Show Cause signed by Magistrate Judge Stanley A. Boone on 08/18/2014. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ARTHUR DUANE JACKSON, et al.,

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Plaintiffs,

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Case No. 1:13-cv-01055-LJO-SAB
ORDER DISCHARGING ORDER TO
SHOW CAUSE

v.
(ECF No. 46)

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STATE OF CALIFORNIA, et al.,
Defendants.

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Plaintiffs Arthur D. Jackson, Leonard M. Lujan, Marcus Jackson, Rodney Taylor,

18 Lacedric Johnson, L.T. Belton, and Norman Johnson filed this class action on behalf of
19 themselves and all others similarly situated on July 9, 2013. This action was been found to be
20 related to Smith v. Schwarzenegger, No. 1:14-cv-00060-LJO-SAB and Beagle v.
21 Sachwarzenegger, No. 1:14-cv-00430-LJO-SAB. On May 9, 2014 an order issued for the parties
22 to show cause why these actions should not be consolidated for all pretrial purposes. The parties
23 filed responses and the parties were ordered to meet and confer on developing a discovery plan
24 to address these related actions. On July 8, 2014, the parties filed a statement of joint discovery
25 plan. The Court has also found Akubar v. Schwarzenegger, No. 1:14-cv-00816-LJO-SAB, and
26 Adams v. Schwarzenegger, No. 1:14-v-01226-LJO-SAB, to be related to this action.
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The Court finds that Jackson, although related to Smith, Beagle, Akubar, and Adams,

28 alleges claims for individuals at an increased risk of contracting disseminated disease and also
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1 equal protections claims. The issues raised in this action are sufficiently different from Smith,
2 Beagle, Akubar, and Adams so that it would not serve judicial efficiency to consolidate Jackson
3 with these related actions. Moreover, the Plaintiffs in this action seek class certification, further
4 distinguishing this case from Smith, Beagle, Akubar, and Adams.

Finally, Smith, Beagle,

5 Akubar, and Adams are still in the pleading stage and this action shall shortly be ready to have
6 the scheduling order issue to begin discovery.
Accordingly, IT IS HEREBY ORDERED that the order to show cause issued May 9,

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8 2014, is DISCHARGED. Discovery in this action shall follow the coordinated discovery plan
9 previously agreed upon by the parties.
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IT IS SO ORDERED.

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August 18, 2014
UNITED STATES MAGISTRATE JUDGE

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